Chapter 15

A lack of this can be used as a defense to the contract's enforceability. This could be due to a mistake, misrepresentation, undue influence, or duress - in other words, because there is no true "meeting of the minds".

A mistake made by only one of the parties in regards to material fact. In general, this does not give the mistaken party any right to relief from the contract - it is normally enforceable.

A mutual misunderstanding concerning a basic assumption on which the contract was made. It must be about a material fact.

Defects that could not readily be ascertained.

This clearly exists if a party knows that a fact is not as stated. Signifies that there was an intent to deceive.

AKA "guilty knowledge"

When a person makes a statement that they believe to be true but that actually misrepresents material facts.

This occurs is the party does not exercise reasonable care in uncovering or disclosing facts, or use the skill and competence required by their business or profession.

This arises from relationships in which one party can greatly influence another party, thus overcoming that party's free will. A contract entered into under excessive or ... ... lacks voluntary consent and is therefore voidable.

The use of threats to force a party to enter into a contract constitutes this. It can also involve the use of blackmail or extortion.

When the signer must agree to terms by a powerful party or go without the commodity or service in question. They are written exclusively by one party and presented to the other party on a take-it-or-leave-it basis. The other party often have no opportunity to negotiate the contract terms.